As a father going through a divorce or separation in Missouri, one of your biggest concerns is likely maintaining a strong relationship with your children. You may have heard that the courts favor mothers in custody decisions or that fathers have an uphill battle when it comes to asserting their parental rights.
At Raza Family Law Solutions, we’re here to tell you that fathers absolutely have rights in Missouri custody cases. Our state law explicitly prohibits gender bias in custody determinations. The courts are required to make decisions based on the best interests of the child, not outdated stereotypes about parenting roles.
So what does Missouri law say about fathers’ custody rights? Let’s take a closer look.
Equal Footing for Child Custody Decisions
Missouri statute §452.375.8 clearly states: “As between the parents of a child, no preference may be given to either parent in the awarding of custody because of that parent’s age, sex, or financial status, nor because of the age or sex of the child.”
This means that in the eyes of the law, fathers and mothers start on equal footing when it comes to physical and legal custody rights. The court cannot presume that a child belongs with the mother simply because of traditional parenting roles. Instead, the judge must consider all relevant factors to determine what custody arrangement serves the child’s best interests.
Maximizing Parenting Time
In most cases, it’s in a child’s best interests to have frequent, continuing, and meaningful contact with both parents after a divorce or separation. In fact, Missouri law includes a rebuttable presumption that an award of equal or approximately equal parenting time to each parent is best for the child (§452.375.2).
What does this mean for fathers seeking custody? It means that you have a strong statutory basis for requesting joint physical custody and substantial parenting time with your child. Of course, every situation is unique, and maximizing your time with your child will depend on factors like:
- Your relationship and level of involvement with the child
- Your work schedule and availability to exercise parenting time
- The distance between your home and the child’s other parent
- Any concerns related to the child’s safety or wellbeing
An experienced fathers’ rights attorney can help you understand your options and build a compelling case for the custody and visitation arrangement you’re seeking. Even if 50/50 custody isn’t appropriate in your situation, you still have the right to request a parenting schedule that allows you to maintain a strong presence in your child’s life.
Your Voice Matters in Custody Decisions
When awarding custody, Missouri law requires the court to consider eight statutory factors, including:
- The wishes of the child’s parents and proposed parenting plan
- The needs of the child for frequent, continuing and meaningful contact with both parents
- The interaction and interrelationship of the child with parents and siblings
- Which parent is more likely to allow frequent, continuing and meaningful contact with the other parent
- The child’s adjustment to home, school and community
- The mental and physical health of all individuals involved
- The intention of either parent to relocate the child
- The wishes of the child
(§452.375.2)
As a father, your perspective on these factors is critically important. You have the right to present evidence and testimony to the court about why your proposed custody arrangement is best for your child. This is your opportunity to showcase your parenting strengths and demonstrate how meaningfully involved you are in your child’s life.
Protecting Your Paternal Rights
If you believe your custody or visitation rights as a father are being unfairly restricted, you have legal options. Missouri law provides that if a parent is being denied time with their child without good cause, they can file a “family access motion” (§452.400.3). This allows you to quickly get in front of a judge and enforce your rights, without the time and expense of a full custody modification proceeding.
Protecting your father-child bond sometimes means being proactive about your legal rights. If you anticipate a custody battle, it’s crucial to consult with a knowledgeable fathers’ rights attorney as early as possible in the process. They can help you understand Missouri’s custody laws, gather supporting evidence, and build an effective case to secure the parenting time you and your child deserve.
Raza Family Law Solutions is Here to Help
Handling custody issues as a father can feel daunting, but you don’t have to go it alone. The dedicated family law attorneys at Raza Family Law Solutions are here to provide compassionate counsel and strong advocacy at every stage of your case.
Our firm is committed to helping dads maintain meaningful relationships with their children, even in the face of divorce or separation. We know that every situation is unique, which is why we take the time to understand your story, your concerns, and your goals as a father.
If you’re a dad with questions about your custody rights, we’re here to help. Call us today to schedule a consultation with an experienced Missouri fathers’ rights attorney. Together, we can craft a legal strategy to protect your relationship with your child and secure the parenting time you deserve.
